A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
[529] The Nebraska law is peculiar in that, in addition to the
general prohibition of marriage in six months, it especially
forbids the defendant in error or appellee to marry again during
the pendency of proceedings in error or on appeal under the
penalties prescribed for bigamy: _Laws of Neb._ (1885), chap.
49, pp. 248, 249; _Comp. Stat. of Neb._ (1901), 582. See _Codes
and Stat. of Ore._ (1902), I, 280, 296; _Codes and Gen. Laws_
(1892), I, 458; being the same as act of Oct. 11, 1862: _Organic
and Other Gen. Laws of Ore., 1843-72_, 211, 218; _Ann. Codes and
Stat. of Wash._ (1897), II, 1599; _Laws_ (1893), 225.
[530] _Laws of N. D._ (1901), 81, 82; _Laws of Idaho_ (1908), 10,
11.
[531] _Laws of Col._ (1893), 240, 241; MILLS, _Ann. Stat._
(1897), III, 441, 442.
[532] "But upon application of such divorced person, any court of
record or presiding judge thereof, who granted the divorce, ...
may authorize" marriage within the year: _Acts of Wis._ (1901),
369.
[533] _Complete Codes and Stat. of Mont._ (1895), 480.
[534] _Stat. of S. D._ (1899), II, 1025, 1028; _Rev. Codes_
(1903), 602. This principle was adopted by the territorial
assembly: LEVISSEE, _Ann. Codes_ (1884), II, 750. Except for
a brief term in 1866, the earlier territorial laws allow
entire freedom of remarriage: see act of Jan. 12, 1866: _Laws,
Memorials, and Resolutions_ (1865-66), 14, forbidding the guilty
adulterer to remarry during the lifetime of the innocent spouse;
but in the next year this was replaced by a new law allowing
full liberty: Act of Jan. 10, 1867: _Gen. Laws, Memorials, and
Resolutions_ (1866-67), 45-52.
[535] _U. S. Stat. at Large_, XXXI, 408-10, 415.
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